Proposed 'distracted driving' legislation could get traction in Massachusetts

Staff photo illustration by Michael S. GordonTexting while driving is already illegal in Massachusetts, but a state panel is poised to consider tougher regulations to curb distracted driving – a growing problem in Massachusetts and elsewhere in the nation.

BOSTON – Lawmakers are mulling tougher measures to thwart texting while driving in Massachusetts, a practice that's still common despite being outlawed more than a year ago.

Because so-called "distracted drivers" continue to send and read text messages, the Legislature's Joint Committee on Transportation is expected to hold a Statehouse hearing on Tuesday at 10 a.m. to consider an even stricter crackdown – an outright ban on cellphone use while driving unless hands-free devices are used.

Such bans already exist in neighboring Connecticut and New York, but Massachusetts continues to allow drivers to handle cellphones. That makes it difficult for Bay State authorities to enforce the law that took effect on Sept. 30, 2010, according to critics who believe that law wasn't prohibitive enough.

Gov. Deval L. Patrick last month said an all-out ban on cellphones in cars would be "impractical," considering the central role of mobile phones in people's daily lives. But he also acknowledged the danger of distracted driving, which has become a national public safety issue.

Last month, The National Transportation Safety Board cited a spike in distracted-driving-related deaths and injuries among its reasons for calling on all 50 states to implement a ban on using all portable electronics while driving – including cellphones, BlackBerry devices and other handheld gadgets. The NTSB also called for a high-visibility enforcement campaign to crackdown on violations of the law, which would not affect emergency responders such as police and fire officials.

Massachusetts' anti-texting-while-driving law currently prohibits drivers from reading or sending text messages and emails from behind the wheel of a car. If caught, even while stopped at a red light, motorists face fines ranging from $100 for a first offense up to $500 for repeat offenses.

Massachusetts was the 30th state in the nation to implement a texting ban. During the debate preceding passage of the law, state politicians rejected the idea of requiring hands-free devices, though some now appear to be willing to reassess that option.

To that end, the Transportation Committee on Tuesday will hear eight bills pertaining to various restrictions related to cellphones and moving vehicles. Some of the measures call for banning phone use while driving through school zones, while others call for hands-free listening devices such as headsets or earpieces.

Jeff Larson, president of the North Andover-based Safe Roads Alliance – an advocacy group that supports laws aimed at curbing distracted driving – has said that Massachusetts' no-texting law is hard to enforce and could use strengthening.

Although the law bans texting, it still allows drivers to talk on the phone, which makes it tough for law enforcement officials to know when someone is illegally texting or legally dialing a phone number, according to Larson.

Hartford, Conn., saw a 57 percent drop in drivers talking on cell phones and a nearly 75 percent drop in texting after police launched an aggressive enforcement campaign to combat distracted driving, according to a National Highway Traffic Safety Administration study. The administration said more than 5,400 people were killed in so-called distracted-driving crashes in the U.S. in 2009, the last year for which data was available.

Material from the Associated Press, The Republican and State House News Service was used in this report.